OF LEASES OF IMMOVEABLE PROPERTYCentral

Section 114A of The Transfer of Property Act, 1882

1[114A. Relief against forfeiture in certain other cases.-- Where a lease of immoveable property has determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing--

(a)specifying the particular breach complained of; and
(b)if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section shall apply to an express condition against the assigning, underletting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non-payment of rent.]

Summary

A landlord cannot sue to evict a tenant for breaching an express lease condition unless they first serve a written notice.
This written notice must specify the exact breach of contract that the landlord is complaining about.
If the breach is something that can be fixed, the notice must require the tenant to fix it.
The landlord can only sue if the tenant fails to fix the breach within a reasonable time after receiving the notice.
This protection does not apply to breaches involving unauthorized subletting, assignment, or non-payment of rent.

Practical examples

1Raj has a lease with a condition not to paint the walls black. He paints them black anyway, so his landlord, Salim, must serve a written notice to Raj to repaint them before Salim can sue for eviction.

2Kiran's lease requires him to keep the garden clean. When he neglects it, his landlord, Maya, sends a notice to clean it within two weeks, and Kiran complies, preventing any eviction lawsuit.

FAQ

1. When does Section 114A of the Transfer of Property Act, 1882 require a landlord to give written notice before eviction?

Under Section 114A of the Transfer of Property Act, 1882, a landlord must give written notice before suing for eviction if the lease is terminated due to the breach of an express condition.

2. What must the written notice contain under Section 114A of the Transfer of Property Act, 1882?

Under Section 114A of the Transfer of Property Act, 1882, the notice must specify the particular breach and, if the breach can be fixed, require the tenant to fix it.

3. Does Section 114A of the Transfer of Property Act, 1882 apply to cases of unauthorized subletting?

No, Section 114A of the Transfer of Property Act, 1882 states that its protections do not apply to express conditions against assigning, under-letting, parting with possession, or disposing of the property.

Test yourself

Q1.Under Section 114A of the Transfer of Property Act, 1882, what must a landlord do before filing a suit for ejectment due to a breach of an express condition?

Q2.Which of the following situations is excluded from the relief provided by Section 114A of the Transfer of Property Act, 1882?

Q3.Under Section 114A of the Transfer of Property Act, 1882, how much time does a tenant have to remedy a capable breach after receiving notice?

Q4.If a tenant breaches an express condition to pay rent, can they seek relief under Section 114A of the Transfer of Property Act, 1882?

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